Indecent Assault (Repealed Offence): Difference between revisions

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This was repealed in An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 8.
This was repealed in An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 8. It came into force January 4, 1983.


==Interpretation==
==Interpretation==


The term "indecent assault" was not defined in the Code. The case law defined it as "an assault that is committed in circumstances of indecency, or as sometimes described, an assault with acts of indecency".<ref>
The term "indecent assault" was not defined in the Code. The case law defined it as "an assault that is committed in circumstances of indecency, or as sometimes described, an assault with acts of indecency."<ref>
''R v Swietlinski'', [http://canlii.ca/t/1txc1 1980 CanLII 53] (SCC), [1980] 2 SCR 956 (SCC){{perSCC|McIntyre J}}
{{CanLIIRP|Swietlinski|1txc1|1980 CanLII 53 (SCC)|[1980] 2 SCR 956 (SCC)}}{{perSCC-H|McIntyre J}}
</ref>
</ref>
What constitutes "indecent" is a question of fact and is determined on a case-by-case basis.<ref>
What constitutes "indecent" is a question of fact and is determined on a case-by-case basis.<ref>
Line 36: Line 36:


{{reflist|2}}
{{reflist|2}}
==History==
The Criminal Code, 1892, S.C. 1892, c. 29, s. 259.
[Indecent assaults on females.]
259. Every one is guilty of an indictable offence and liable to two years’ imprisonment, and to be whipped, who—
    (a) indecently assaults any female, or
    (b) does anything to any female by her consent, which but for such consent would be an indecent assault, such consent being obtained by false and fraudulent representations as to the nature and quality of the act. 53 V., c. 37, s. 12.
Criminal Code, R.S.C. 1906, c. 146, s. 292.
[Offence. Penalty.]
292. Every one is guilty of an indictable offence and liable to two years’ imprisonment, and to be whipped, who,—
    [Indecent assault on female.]
    (a) indecently assaults any female; or,
    [Consent procured by fraud.]
    (b) does anything to any female by her consent which but for such consent would be an indecent assault, if such consent is obtained by false and fraudulent representations as to the nature and quality of the act. 55-56 V., c. 29, s. 259.
An Act to amend the Criminal Code, S.C. 1909, c. 9, s. 2.
[Offence. Penalty.]
292. Every one is guilty of an indictable offence and liable to two years’ imprisonment, and to be whipped, who,—
    [Indecent assault on female.]
    (a) indecently assaults any female; or,
    [Consent procured by fraud.]
    (b) does anything to any female by her consent which but for such consent would be an indecent assault, if such consent is obtained by false and fraudulent representations as to the nature and quality of the act.
    [Assaults on females.]
    (c) assaults and beats his wife or any other female and thereby occasions her actual bodily harm. [55-56 V., c. 29, s. 259.]
Criminal Code, R.S.C. 1927, c. 36, s. 292.
[Offence. Penalty.]
292. Every one is guilty of an indictable offence and liable to two years' imprisonment, and to be whipped, who
    [Indecent assault on female.]
    (a) indecently assaults any female; or
    [Consent procured by fraud.]
    (b) does anything to any female by her consent which but for such consent would be an indecent assault, if such consent is obtained by false and fraudulent representations as to the nature and quality of the act; or
    [Assaults on females.]
    (c) assaults and beats his wife or any other female and thereby occasions her actual bodily harm. R.S., c. 146, s. 292; 1909, c. 9, s. 2.
Criminal Code, S.C. 1953-54, c. 51, s. 141.
[Indecent assault on female.]
141. (1) Every one who indecently assaults a female person is guilty of an indictable offence and is liable to imprisonment for five years and to be whipped.
    [Consent by false representations.]
    (2) An accused who is charged with an offence under subsection (1) may be convicted if the evidence establishes that the accused did anything to the female person with her consent that, but for her consent, would have been an indecent assault, if her consent was obtained by false and fraudulent representations as to the nature and quality of the act.
Criminal Code, R.S.C. 1970, c. C-34, s. 149.
[Indecent assault on female]
149. (1) Every one who indecently assaults a female person is guilty of an indictable offence and is liable to imprisonment for five years and to be whipped.
    [Consent by false representations]
    (2) An accused who is charged with an offence under subsection (1) may be convicted if the evidence establishes that the accused did anything to the female person with her consent that, but for her consent, would have been an indecent assault, if her consent was obtained by false and fraudulent representations as to the nature and quality of the act. 1953-54, c. 51, s. 141.
An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 8.
The Criminal Code, 1892, S.C. 1892, c. 29, s. 260.
[Indecent assaults on males.]
260. Every one is guilty of an indictable offence and liable to seven years’ imprisonment and to be whipped who assaults any person with attempt to commit sodomy, or who, being a male, indecently assaults any other male person. R.S.C., c. 157, s. 2.
An Act to amend the Criminal Code, 1892, S.C. 1893, c. 32, s. 1.
[Indecent assaults on males.]
260. Every one is guilty of an indictable offence and liable to ten years’ imprisonment and to be whipped who assaults any person with intent to commit sodomy, or who, being a male, indecently assaults any other male person. R.S.C., c. 157, s. 2.
Criminal Code, R.S.C. 1906, c. 146, s. 293.
[Indecent assault on males.]
293. Every one is guilty of an indictable offence and liable to ten years’ imprisonment, and to be whipped, who assaults any person with intent to commit sodomy or who, being a male, indecently assaults any other male person. 55-56 V., c. 29, s. 260; 56 V., c. 32, s. 1.
Criminal Code, R.S.C. 1927, c. 36, s. 293.
[Indecent assault on males]
293. Every one is guilty of an indictable offence and liable to ten years' imprisonment, and to be whipped, who assaults any person with intent to commit sodomy or who, being a male, indecently assaults any other male person. R.S., c. 146, s. 293.
Criminal Code, S.C. 1953-54, c. 51, s. 148.
{{quotation1|
; Indecent assault on male.]
148. Every male person who assaults another person with intent to commit buggery or who indecently assaults another male person is guilty of an indictable offence and is liable to imprisonment for ten years and to be whipped.
|
}}
===1970===
Criminal Code, R.S.C. 1970, c. C-34, s. 156.
{{quotation1|
; Indecent assault on male
156. Every male person who assaults another person with intent to commit buggery or who indecently assaults another male person is guilty of an indictable offence and is liable to imprisonment for ten years and to be whipped. 1953-54, c. 51, s. 148.
An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof,
S.C. 1980-81-82-83, c. 125, s. 9.
|
}}

Latest revision as of 10:57, 23 May 2023

1970 Criminal Code

Indecent assault on female

149 (1) Every one who indecently assaults a female person is guilty of an indictable offence and is liable to imprisonment for five years and to be whipped.

Consent by false representations

(2) An accused who is charged with an offence under subsection (1) may be convicted if the evidence establishes that the accused did anything to the female person with her consent that, but for her consent, would have been an indecent assault, if her consent was obtained by false and fraudulent representations as to the nature and quality of the act.
1953-54, c. 51, s. 141.

–

Indecent assault on male

156. Every male person who assaults another person with intent to commit buggery or who indecently assaults another male person is guilty of an indictable offence and is liable to imprisonment for ten years and to be whipped.
1953-54, c. 51, s. 148.

–

This was repealed in An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 8. It came into force January 4, 1983.

Interpretation

The term "indecent assault" was not defined in the Code. The case law defined it as "an assault that is committed in circumstances of indecency, or as sometimes described, an assault with acts of indecency."[1] What constitutes "indecent" is a question of fact and is determined on a case-by-case basis.[2] Determination "will depend upon an objective view of the facts and circumstances in relation to the actual assault, and not upon the mental state of the accused"[3]

  1. ↑ R v Swietlinski, 1980 CanLII 53 (SCC), [1980] 2 SCR 956 (SCC), per McIntyre J
  2. ↑ Swietlinski, ibid.
  3. ↑ Swietlinski, ibid., at para 17

History

The Criminal Code, 1892, S.C. 1892, c. 29, s. 259. [Indecent assaults on females.] 259. Every one is guilty of an indictable offence and liable to two years’ imprisonment, and to be whipped, who— 

   (a) indecently assaults any female, or
   (b) does anything to any female by her consent, which but for such consent would be an indecent assault, such consent being obtained by false and fraudulent representations as to the nature and quality of the act. 53 V., c. 37, s. 12.

Criminal Code, R.S.C. 1906, c. 146, s. 292. [Offence. Penalty.] 292. Every one is guilty of an indictable offence and liable to two years’ imprisonment, and to be whipped, who,— 

   [Indecent assault on female.]
   (a) indecently assaults any female; or,
   [Consent procured by fraud.]
   (b) does anything to any female by her consent which but for such consent would be an indecent assault, if such consent is obtained by false and fraudulent representations as to the nature and quality of the act. 55-56 V., c. 29, s. 259.

An Act to amend the Criminal Code, S.C. 1909, c. 9, s. 2. [Offence. Penalty.] 292. Every one is guilty of an indictable offence and liable to two years’ imprisonment, and to be whipped, who,— 

   [Indecent assault on female.]
   (a) indecently assaults any female; or,
   [Consent procured by fraud.]
   (b) does anything to any female by her consent which but for such consent would be an indecent assault, if such consent is obtained by false and fraudulent representations as to the nature and quality of the act.
   [Assaults on females.]
   (c) assaults and beats his wife or any other female and thereby occasions her actual bodily harm. [55-56 V., c. 29, s. 259.]

Criminal Code, R.S.C. 1927, c. 36, s. 292. [Offence. Penalty.] 292. Every one is guilty of an indictable offence and liable to two years' imprisonment, and to be whipped, who 

   [Indecent assault on female.]
   (a) indecently assaults any female; or
   [Consent procured by fraud.]
   (b) does anything to any female by her consent which but for such consent would be an indecent assault, if such consent is obtained by false and fraudulent representations as to the nature and quality of the act; or
   [Assaults on females.]
   (c) assaults and beats his wife or any other female and thereby occasions her actual bodily harm. R.S., c. 146, s. 292; 1909, c. 9, s. 2.

Criminal Code, S.C. 1953-54, c. 51, s. 141. [Indecent assault on female.] 141. (1) Every one who indecently assaults a female person is guilty of an indictable offence and is liable to imprisonment for five years and to be whipped. 

   [Consent by false representations.]
   (2) An accused who is charged with an offence under subsection (1) may be convicted if the evidence establishes that the accused did anything to the female person with her consent that, but for her consent, would have been an indecent assault, if her consent was obtained by false and fraudulent representations as to the nature and quality of the act.

Criminal Code, R.S.C. 1970, c. C-34, s. 149. [Indecent assault on female] 149. (1) Every one who indecently assaults a female person is guilty of an indictable offence and is liable to imprisonment for five years and to be whipped. 

   [Consent by false representations]
   (2) An accused who is charged with an offence under subsection (1) may be convicted if the evidence establishes that the accused did anything to the female person with her consent that, but for her consent, would have been an indecent assault, if her consent was obtained by false and fraudulent representations as to the nature and quality of the act. 1953-54, c. 51, s. 141.

An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 8.


The Criminal Code, 1892, S.C. 1892, c. 29, s. 260. [Indecent assaults on males.] 260. Every one is guilty of an indictable offence and liable to seven years’ imprisonment and to be whipped who assaults any person with attempt to commit sodomy, or who, being a male, indecently assaults any other male person. R.S.C., c. 157, s. 2. An Act to amend the Criminal Code, 1892, S.C. 1893, c. 32, s. 1. [Indecent assaults on males.] 260. Every one is guilty of an indictable offence and liable to ten years’ imprisonment and to be whipped who assaults any person with intent to commit sodomy, or who, being a male, indecently assaults any other male person. R.S.C., c. 157, s. 2. Criminal Code, R.S.C. 1906, c. 146, s. 293. [Indecent assault on males.] 293. Every one is guilty of an indictable offence and liable to ten years’ imprisonment, and to be whipped, who assaults any person with intent to commit sodomy or who, being a male, indecently assaults any other male person. 55-56 V., c. 29, s. 260; 56 V., c. 32, s. 1. Criminal Code, R.S.C. 1927, c. 36, s. 293. [Indecent assault on males] 293. Every one is guilty of an indictable offence and liable to ten years' imprisonment, and to be whipped, who assaults any person with intent to commit sodomy or who, being a male, indecently assaults any other male person. R.S., c. 146, s. 293. Criminal Code, S.C. 1953-54, c. 51, s. 148.

Indecent assault on male.]

148. Every male person who assaults another person with intent to commit buggery or who indecently assaults another male person is guilty of an indictable offence and is liable to imprisonment for ten years and to be whipped.

–

1970

Criminal Code, R.S.C. 1970, c. C-34, s. 156.

Indecent assault on male

156. Every male person who assaults another person with intent to commit buggery or who indecently assaults another male person is guilty of an indictable offence and is liable to imprisonment for ten years and to be whipped. 1953-54, c. 51, s. 148. An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof,

S.C. 1980-81-82-83, c. 125, s. 9.

–

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